Johnson+v.+School+District+of+Millard

** Kristee Glace **   ** Robbie L. JOHNSON, a minor, By and through his mother and next friend, Lynn JOHNSON, Appellee, **  No. S-96-401.  **Supreme Court of Nebraska.** The plaintiff alleges that the defendant, through its employee, was negligent in that the employee failed to properly supervise students who were under her care. On September 15, 1993, Robbie L. Johnson, a first grader at Willa Cather Elementary School, was injured while attending Nancy Patton’s music class. She taught her class the song and game of “London Bridge.” The teacher warned the children not to act silly and told them not to yell, scream, or swing their arms too much. After giving these instructions, the teacher allowed the children to play the game on their own. During the playing of the game Johnson was sung hard and fast and the two classmates that were rocking him accidently released him. He fell into a bookcase, cutting his head above his right eyebrow. Johnson required 50 stitches to close the cut above his right eye. The cut extended to the bone and divided the muscle throughout its length. Johnson suffered blurred vision for a short period of time and continues to suffer headaches as a result of his injury. When the accident occurred the teacher had her back to the class writing on the board. The trial court held that the teacher's instruction to first grade children on how to play the game without direct supervision during at least the early portions of the game was negligent supervision. The court found that as a result of the accident Johnson sustained an injury and damages, and awarded him $1,226.10 for medical expenses, $15,000 for permanent disfigurement, and $5,000 for pain and suffering. The School District of Millard is appealing the judgment. ** Implications: ** The lesson to learn from this case is when your students are engaged in a physical activity you must be attentive to them, especially in first grade. This is sometimes called the standard of care. Teachers are expected to exercise a level of care according to the age, maturity, experience, and mental capacity of the students and the nature of the learning activities in which they are involved. Quiz question: True or False Teachers are required to give a specific standard of care to their students according to age, maturity, experience, and mental capacity.
 * Eric Miller **
 * v. **
 * SCHOOL DISTRICT OF MILLARD, a political subdivision of the State of Nebraska, Appellant. **
 * Background: **
 * Decision: **